Since its legislation in 2000, the personal injury sector has been saturated with the words 'no win no fee' claim. And while the media has been constantly bombarding the public with ads offering no win no fee solicitors' services, and other related news, some are still in the dark about this compensation claim method, 10 years after.
In principle, this conditional fee arrangement (CFA) is beneficial. It should be utilized by anyone who has legitimate injury claims for compensation without fear of exorbitant fees, also, it should have improved the quality of service by solicitors, and lastly, it should have reduced the costs of legal aid overwhelming the Treasury.
Theoretically, CFA is good.
Instead, lots of people are under the impression that, 'no win no fee' solicitors are out to take as much money from you as possible. Urban myths spawned from somewhere say that because of CFAs some people are all too ready sue others for the slightest, or even imagined, oversight.
Hence, people with good intentions are forced into passiveness for fear of legal consequences. They are scared of making mistakes. They think that intentions are no longer relevant, because genuine mistakes can be construed as negligent or malicious.
People are scared to shovel the snow off their walkways, for fear that someone might slip.
People are afraid to give CPR, for fear that they might do more harm than good.
People are worried about giving others a lift, for fear that they might get injured while inside their car.
People think twice about self-defence in burglary situations.
And there exists a lot of other cases where ignorance and paranoia make a lethal combination.
People need to be made aware of the truth. The 'no win no fee' claim is primarily designed to help people, assuring them that they need not pay the solicitor in the event of loss. It is not intended to be a predatory device to prosecute people in the above situations. People should still be held liable for their own actions or inactions, and not pass them on to others.
The compensation culture bloom that people fear is a myth, probably arising due to misinterpretation, lack of knowledge of certain laws, sensationalism by the media, false advertising, and just plain prejudice against lawyers in general. The number of cases relating to personal injury claims remains quite the same, according to some statistics.
Those who have sustained an injury in an accident have to consult a 'no win no fee' solicitor as soon as possible, to determine whether they can apply for a compensation claim or not. Once a solicitor deems a case has substantial merit, only then can he represent the person.
In the event of a loss, however, CFA doesn't necessarily mean everything is free. Only the solicitor's fee is reimbursed. A claimant may need to pay fees to his opponent and to the court, as well.